Recognition of Paternity and Compensation for Damages: Analysis of Judgment Cass. civ. no. 31552/2024

The judgment of the Court of Cassation, no. 31552 of 2024, offers important insights into the delicate dynamics of paternity recognition and related compensation for damages. In this case, the subject of the dispute concerned the limitation of compensation for damages to the period of minority only, excluding the damage suffered by the plaintiff after reaching adulthood. The Court reiterated the need for an accurate and specific analysis of the facts, rather than an abstract application of the rules.

Context of the Judgment

In the case under examination, the Court of Monza had recognized B.B. as the biological father of A.A., ordering him to compensate the damage suffered by his son. However, the Court of Appeal of Milan limited the compensation to the period of minority only, stating that after reaching the age of 18, the father's absence would not have had a significant impact on A.A.'s life.

This Court highlighted that the assessment of the son's suffering cannot be limited to the first eighteen years of life, as the damage from parental abandonment is a permanent tort that can continue over time.

Arguments of the Court of Cassation

The Court of Cassation upheld A.A.'s appeal, deeming the limitation of damages to the period of minority only to be incorrect. It emphasized how the suffering caused by the father's absence can continue even after reaching the age of 18, as parental abandonment does not cease upon reaching adulthood. Furthermore, the Court criticized the Court of Appeal for not providing adequate reasoning for the limitation of compensation, considering the abstract assessment to be unfounded.

• The violation of parental duties can constitute a civil tort, with a right to compensation.
• The damage suffered by the son must be quantified in proportion to the impact of the paternal absence.
• The lack of a family relationship is a fundamental element for the assessment of damages.

Conclusions

The judgment of the Court of Cassation no. 31552 of 2024 represents a significant step in the protection of children's rights, emphasizing the importance of a comprehensive analysis of the circumstances of each case. It calls for consideration not only of the period of minority but also of how the father's absence can influence the son's life even in adulthood. The Court stressed that compensation must be fair and proportionate, taking into account the specificity of the situations and the actual damages suffered.